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1996, respondent issued to petitioners the notice of deficiency
(the 1996 notice) which is the basis for this case.
Discussion
The partnership is governed by the TEFRA partnership
provisions, found in sections 6221 through 6233.3 Under section
6229(a), respondent has 3 years from the date of the filing of
partnership return (or the due date for filing such return
without regard to extensions) in which to assess the tax
attributable to a partnership item or affected item for any
person with respect to a given taxable year. Under section
6229(d), if respondent issues an FPAA within 3 years, the period
of limitations of section 6229(a) is suspended for the period
during which a partnership-level action may be brought, until the
decision of the court in such action, if brought, becomes final,
and for 1 year thereafter.
If, by reason of an event described in section 6231(b), a
partnership item becomes a nonpartnership item during the period
otherwise allowed for assessment under section 6229, the period
for assessment ends 1 year after the date upon which the item
becomes a nonpartnership item. Sec. 6229(f). The 1988 FPAA was
3 Enacted as part of the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, 96 Stat. 324.
The provisions are effective for partnership tax years beginning
after Sept. 3, 1982.
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